The Doctrine of Fraudulent Concealment

The doctrine of fraudulent concealment was recently considered by the Court of Appeal for Ontario in Rajmohan v. Solomon Family Trust.  At common law, an action in negligence or for an intentional wrong is not permitted against or on behalf of a deceased person. The right to sue arises from statute (Trustee Act, s. 38).  As a result, compliance with the Act is a must.  The Act includes its own limitation period for actions, providing that an action under section 38 “shall not be brought after the expiration of two years from the death of the deceased” (s. 38(3)).  Unlike the Limitations Act, 2002, there is no “discoverability” factor to be considered.   Read more